Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Climate Change (4)
- Climate change (3)
- Global warming (3)
- BP (2)
- Chemical (2)
-
- Class Action (2)
- Congress (2)
- Copenhagen (2)
- Deepwater Horizon (2)
- Disaster (2)
- Drill (2)
- Gulf (2)
- Horizon (2)
- Incident (2)
- Legislation (2)
- Liability (2)
- Limit (2)
- Limitation (2)
- MDL (2)
- OPA (2)
- Offshore (2)
- Oil (2)
- Oil pollution act (2)
- Petroleum (2)
- Preemption (2)
- Public Nuisance (2)
- Public nuisance (2)
- Rig (2)
- Shipowner (2)
Articles 1 - 7 of 7
Full-Text Articles in Law
The Boundaries Of Public Nuisance, Richard O. Faulk, John S. Gray
The Boundaries Of Public Nuisance, Richard O. Faulk, John S. Gray
Richard Faulk
Over the past 20 years, government entities have sought to use the vagueness of generic public nuisance statutes to address complex public health issues, including tobacco use, gun violence, childhood lead poisoning, global warming and the fallout from the subprime mortgage meltdown. Because the tort of public nuisance is so amorphous, many of these entities have sought to is so amorphous, many of these entities have sought to blam industry for societal problems even when the actual harm is often caused by third and fourth parties who misuse or abuse industry's products. Some sympathetic judges have issued abatement orders that …
Practical Guide To Environmental Law And Regulatory Compliance In Texas, Richard Faulk, John S. Gray
Practical Guide To Environmental Law And Regulatory Compliance In Texas, Richard Faulk, John S. Gray
Richard Faulk
History teaches us that the natural development of our land and resources has been a contentious undertaking. Until recently, the issues that today make up the corpus of “environmental law” were not to be found in environmental cases, legislative journals or in environmental law treatises. Instead, they were found under the rubrics of property, constitutional law, contract and the common law. Today, environmental law consists of a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that attempt to work together in unison to regulate how we (individuals, governmental entities and businesses) interact with the rest of …
Crude Defenses? Liability Limits For Offshore Drilling Accidents And Oil Spills, Richard Faulk
Crude Defenses? Liability Limits For Offshore Drilling Accidents And Oil Spills, Richard Faulk
Richard Faulk
All those who participate in realizing the benefits of exploration – including those who use the resulting products and depend on their safe handling to avoid harm – are subject to their dangers. When the risks are enormous, and when society’s demands are extraordinary, the situation is ripe for political compromise. The products of that compromise may not be popular at this time of crisis, but that does not lessen their importance as anchors of reason during difficult times. The Limitation Act and the OPA, as well as the procedures under Supplemental Rule F, form a foundation that enables the …
Stretching The Boom? Limiting Liability For Offshore Drilling Disasters, Richard Faulk
Stretching The Boom? Limiting Liability For Offshore Drilling Disasters, Richard Faulk
Richard Faulk
Offshore drilling is a tremendously complicated and potentially lucrative process. Unfortunately, it is also dangerous. Harvesters of fossil fuels face massive risks, not only to their lives and properties, but also to our environment and the livelihoods of all those who depend upon it. On balance, our “modern” sense of justice might insist that those who realize wealth should bear the risks that their exploration and production poses to others. But when a product, like petroleum, is inextricably woven into our national fabric, legislators sometimes reach surprising compromises. So, it seems, the owner of the Deepwater Horizon will argue in …
Hannibal Eclipsed? Envelopment By Public Nuisance, Richard Faulk
Hannibal Eclipsed? Envelopment By Public Nuisance, Richard Faulk
Richard Faulk
Only recently, the ancient tort of public nuisance was “down” and in the process of being “counted out” when its expansion was rejected by the highest courts of New Jersey, Rhode Island, Missouri and Ohio. Within the past year, however, it was remarkably resuscitated by federal courts that approved it as a vehicle for redressing climate change and interstate pollution. Without the constraints of geography, public nuisance now “spans the globe” in an enveloping maneuver that threatens to reduce Hannibal’s legendary victory at Cannae to a mere neighborhood brawl. Unless the tort’s scope is narrowed by reviewing courts, its pincer …
The Theater Of Climate Change, Richard Faulk
The Theater Of Climate Change, Richard Faulk
Richard Faulk
President Obama's unilateralism promises nothing to avert planetary disasters, and since the fabled “green economy” is, at least presently, an elusive myth, one can only conclude that there must be another agenda: wealth redistribution for its own sake. If any other result is intended, it has not been credibly articulated. Unless a realistic, reliable and transparent program for replacing our wealth is created, siphoning current resources will diminish and ultimately extinguish American prosperity.
The Winter Of Our Discontent: The Impact Of Copenhagen's Failure, Richard Faulk
The Winter Of Our Discontent: The Impact Of Copenhagen's Failure, Richard Faulk
Richard Faulk
Far from treating climate change as a “universal” problem that transcends national boundaries, the Copenhagen conference devolved into a frustrating exercise in nationalism, where individual nations, or groups of nations, tried to satisfy their particular needs, as opposed to redressing global climate problems. Now that Copenhagen’s uproar has faded, it is appropriate to evaluate the consequences of the conference’s failure for American industry.